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Can Infertility Be a Ground for Divorce in India?

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Infertility is a delicate subject that may affect any relationship, even marriage. While some couples choose to face infertility issues jointly, others may find it to be an insurmountable barrier. This raises the question of whether infertility can be used as a reason for divorce in India.

The short answer is that infertility is a valid reason for divorce in India. That is, in fact, one of the grounds for divorce specified in the Hindu Marriage Act, India’s principal statute governing Hindu marriages. Unfortunately, it is not a simple or automatic process.

To file for divorce based on infertility, the petitioner (the one seeking the divorce) must demonstrate to the court that the other spouse is unable to bear children. This can be accomplished by providing medical documentation, such as a doctor’s report, confirming the spouse’s infertility. Other issues that the court will consider include the couple’s efforts to conceive and the impact of infertility on their relationship.

It is worth mentioning that the Hindu Marriage Laws does not just allow for divorce on the basis of infertility. Adultery, abuse, abandonment, and conversion to another religion are some of the other grounds. Before issuing a ruling, the court will analyse all of the facts and circumstances of the case.

To better understand the issue, let’s look at a case study.

Rahul and Priya had been married for five years but had been unable to have a child. They attempted several medical therapies but were unsuccessful. Rahul began to feel that the absence of a child was straining their marriage and filed for divorce on the grounds of infertility. Priya was distraught and believed it was unfair to blame her only for the couple’s failure to conceive.

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The court evaluated the evidence offered by both sides before denying Rahul’s divorce motion. While infertility can be a difficult issue to deal with, the judge determined that it was not severe enough to cause the breakup of the marriage. The court also considered the emotional toll that divorce would take on both couples and their families.

While this case study shows that infertility may not be enough to support a divorce, it is crucial to remember that each case is different. If infertility is creating substantial strain in your relationship, it is critical to seek help and counselling from a professional counsellor or therapist.

To summarise, infertility can be grounds for divorce in India, but it is not an automatic or simple process. Before issuing a ruling, the court will analyse all of the facts and circumstances of the case. If you or someone you know is experiencing infertility, it is critical to seek help and guidance.

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